HUMR5140 Introduction to Human Rights Law Autumn 2014 Lecture 4: The Scope of Application of Human Rights Treaties

International human rights treaties Scope of application: The key issue today The typology of States’ obligations International human rights treaties Absolute vs. relative rights Immediate realisation vs. progressive realisation

To respect, to protect and to fulfil (Eide) The typology of States’ obligations The State should refrain from interfering with the enjoyment of rights To respect, to protect and to fulfil (Eide) The State should protect rights-holders against interference of their rights by other actors The State should take active steps towards the full realisation of the rights

CEDAW, Article 5 States Parties shall take all appropriate measures: To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women; To ensure that family education includes a proper understanding of maternity as a social function and the recognition of the common responsibility of men and women in the upbringing and development of their children, it being understood that the interest of the children is the primordial consideration in all cases.

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International Committee on Economic, Social and Cultural Rights The typology of States’ obligations GC13 (1999) GC19 (2008) 4 A 3 A Availability Availability Accessibility Adequacy Acceptability Accessibility Adaptability

Absolute vs. relative rights Derogable rights Double jeopardy? The prohibition against torture? The right to life? Rights with inherent limitations Rights which must be respected at all times, and which cannot be restricted Rights with permissible limitations Rights which may be limited Absolute vs. relative rights = most rights

ICCPR ICESCR Immediate Progressive Everyone has the right Positive obligations Negative obligations? Negative obligations Positive obligations? Immediate Progressive Rights whose implementation shall be improved over time Rights which shall be implemented in full immediately after entry into force Everyone has the right States recognize the right Immediate realisation vs. progressive realisation

International human rights treaties Scope of application of human rights treaties Personal scope of application Material scope of application International human rights treaties Temporal scope of application Territorial scope of application

To which subjects do treaties apply? Or duties? To which subjects do treaties apply? Personal scope of application Who have obligations? Who have rights? The active dimension The passive dimension States Individuals Companies International organisations

North Korea denounced the ICCPR in August 1997 – invalid If a human rights treaty explicitly allows denunciation, a State may do so Silence on the issue prevents denunciation? HRC GC 26 (5) CAT ACHR CRC CERD CRPD CMW Human rights treaties apply at all times… …even during armed conflicts Continuing situations Denunciation Beginning End Temporal scope of application Objective Subjective A treaty must be in force for the state in question